Local Authorities: Ethical Standards

Lord Hoyle: asked Her Majesty's Government:
	When regulations will be made under Section 66 of the Local Government Act 2000 to allow misconduct allegations to be referred to local authorities.

Lord Rooker: I have today laid before Parliament new regulations providing for local standards committees to consider allegations of councillor misconduct. These regulations form an important part of the framework for promoting high standards of conduct in local government, complementing the work of the Standards Board for England and the Adjudication Panel for England.
	New codes of conduct for councillors were introduced in November 2001, and have applied to members of all local authorities in England, and of police authorities in Wales, since May 2002. It is open to anyone to make an allegation to the Standards Board for England that a member has breached the code of conduct and the standards board can require an ethical standards officer to investigate an allegation.
	The ethical standards officer may find that there is no evidence of a breach of the code, or that no action need be taken. He may also find that the matter should be referred to the Adjudication Panel for England, which could then impose against the member sanctions of up to five years' disqualification.
	It is also open to the ethical standards officer to refer a matter to the monitoring officer of the relevant local authority. These new regulations concern the procedures to be adopted when a matter is referred to the monitoring officer.
	The regulations require monitoring officers to arrange for any matters referred to them by an ethical standards officer to be considered by a meeting of the standards committee. They include provisions relating to the conduct of a hearing by the standards committee, and allow the committee to impose sanctions of up to three months' suspension.
	The regulations allow a member who has been the subject of a hearing by the standards committee to seek leave to appeal against the committee's findings to an appeals tribunal drawn from the Adjudication Panel for England.
	These new regulations will allow standards committees to play a more active role in promoting high standards of conduct within their authorities. They have been prepared following extensive consultation: a summary of the consultation responses is available on the website of the Office of the Deputy Prime Minister (www.odpm.gov.uk) and in the Libraries of both Houses.

Treasury Solicitor's Department: Corporate Plan

Baroness Hilton of Eggardon: asked Her Majesty's Government:
	When they expect to make public the Treasury Solicitor's department corporate plan.

Lord Goldsmith: I have today placed a copy of the Treasury Solicitor's department's corporate plan, covering the years 2003 to 2006, in the Library of the House.

European Legislation: Compatibility with ECHR and ECFR

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they will in future offer a preliminary view to Parliament on the compatibility of proposed European legislation not only with the European Convention on Human Rights but also with the European Charter of Fundamental Rights.

Baroness Symons of Vernham Dean: Article 6(2) of the Treaty on European Union requires the Union to respect fundamental rights, as guaranteed by the European Convention on Human Rights and as they result from the constitutional traditions common to the member states, as general principles of Community law. A very similar provision is maintained in the draft EU constitutional treaty being discussed by the Convention on the Future of Europe. The convention is still considering the future status of the Charter of Fundamental Rights.

Iraq: Policing

Lord Hylton: asked Her Majesty's Government:
	Whether a timetable exists, or is being prepared, for organising effective policing in Iraq, for destroying surplus and illicit weapons and for disarming the civilian population.

Baroness Symons of Vernham Dean: A team of four UK police experts, led by Chief Constable Paul Kernaghan, is working with an international team on a full assessment of the Iraqi police service. We expect the team to issue an initial report by the end of May. In the interim the coalition military is conducting joint patrols with Iraqi police.
	UK forces have destroyed some caches of weaponry discarded by the Iraqi military, and have disarmed civilians where possible. We are in touch with the US authorities in Washington and Baghdad about the most effective and appropriate way to carry out further work on the collection, management and destruction of small arms in Iraq.

Congo

Lord Judd: asked Her Majesty's Government:
	What action they are taking to assist in preventing genocide in the Congo region of Africa and to establish peace and security in that region.

Baroness Symons of Vernham Dean: The UK has been actively engaged with our African, EU and UN partners in promoting a peaceful resolution to the conflict in the Democratic Republic of Congo (DRC). We will continue to play our part, as a member of the International Committee for Support to the Transition, which is tasked with supporting the transitional process in the DRC.
	The UN Secretary-General has requested the UK and others to contribute to an interim emergency multinational force (IEMF) for Ituri, north-eastern DRC. We think it is important to contribute to this force, to support both the UN and the DRC peace process. The UK will therefore participate in the IEMF. We are in consultation with those involved about the most appropriate and effective contribution the UK can make.

Sudan

Lord Hylton: asked Her Majesty's Government:
	Whether they will seek to ensure that the memorandum of understanding for the cessation of hostilities in the Sudan, of 4 February, is fully complied with by all parties to it, particularly in the areas of Suta, Bentin and Wan.

Baroness Symons of Vernham Dean: We, and other international observers close to the peace process, will continue to monitor closely implementation of the memorandum of understanding (MoU) on cessation of hostilities signed by the Government of Sudan and the Sudan People's Liberation Movement. The 4 February addendum to the MoU allowed for the establishment of a verification monitoring team to verify reports of fighting on the ground. The British senior liaison officer appointed to lead that team arrived in Nairobi on 7 May. We have contributed other personnel and 500,000 US dollars to the operation.

Sudan

Lord Hylton: asked Her Majesty's Government:
	Whether they will use their best efforts to achieve an extension of ceasefires to the whole province of Darfur (Sudan), with effective independent international monitoring.

Baroness Symons of Vernham Dean: We are concerned about the fighting in Darfur. We will continue to encourage those engaged in the conflict to resolve the situation peacefully. We expect the comprehensive peace agreement being negotiated in Kenya to cover the whole of Sudan, including Darfur.

Sudan

Lord Hylton: asked Her Majesty's Government:
	Whether they will discuss with the Government of the Sudan the issue of fair and impartial trials in all criminal cases and the immediate ending of cruel, inhuman and degrading punishments, together with ratification by Sudan of the International Convention against Torture.

Baroness Symons of Vernham Dean: The Sudanese Government have signed the Convention Against Torture and other cruel, inhuman and degrading treatment or punishment. Our embassy in Khartoum and the UK Special Representative for Sudan in the UK regularly lobby the Government of Sudan to ratify the convention. We will continue to press bilaterally for improvements in human rights, and as part of the ongoing EU/Sudan dialogue. On 26 April the Sudanese Minister of Justice confirmed that the system of special courts in Darfur had been abolished. He confirmed that instructions had been given that all trials should be conducted according to normal procedures, including defence lawyers and no military judges. Outstanding death sentences, which had been imposed by the special courts, would be reviewed individually by the appeal court.

Iraq: Oil

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether it is their policy to seek to ensure that the Iraqi oil sector is placed under direct United Nations control until the occupying authorities in Iraq have been replaced by a sovereign Iraqi government.

Baroness Symons of Vernham Dean: United Nations Security Council Resolution 1483, adopted on 22 May, provides for all export sales of oil products to be made consistent with prevailing international market best practices. All proceeds from these sales will be deposited in the Development Fund for Iraq.
	The fund will be disbursed by the authority (the UK and US, acting as occupying powers), in consultation with the Iraqi interim administration. Money from the fund may only be spent to meet the humanitarian needs of the Iraqi people, for the economic reconstruction and repair of Iraq's infrastructure, for the continued disarmament of Iraq, for the costs of Iraqi civilian administration, and for other purposes benefiting the people of Iraq.
	Both the sale of oil products and spending from the Development Fund will be overseen and audited by an International Advisory Monitoring Board, including representatives of the UN Secretary-General, the IMF and the World Bank. The Security Council will also have oversight through the regular reporting of the Secretary-General on the board's work.

Iraq: Oil

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether it is their policy to seek to ensure that new contracts for the reconstruction and development of the Iraqi oil sector are not made, and that any other fundamental restructuring of the sector (such as privatisation) is not undertaken, without United Nations authority.

Baroness Symons of Vernham Dean: UN Security Council Resolution 1483 of 22 May 2003 provides for oversight by an International Advisory and Monitoring Board of oil sales and spending of oil revenues. The membership of the board will include a representative of the UN Secretary-General, as well as of the World Bank and International Monetary Fund. The resolution also requires all export sales to be made consistent with prevailing international market best practices.
	The resolution gives the Special Representative of the Secretary-General a role in facilitating the reconstruction of key infrastructure and promoting economic reconstruction, in cooperation with other relevant bodies.

Guantanamo Bay: British Detainees

Lord Goodhart: asked Her Majesty's Government:
	How many British citizens have been released from detention at Guantanamo Bay.

Baroness Symons of Vernham Dean: None. We have been pressing the US to move forward with the process of determining the future of the British detainees. We shall continue to do so.

Guantanamo Bay: British Detainees

Lord Goodhart: asked Her Majesty's Government:
	Whether they are satisfied that the continued detention of British citizens at Guantanamo Bay is lawful, and if so, on what basis.

Baroness Symons of Vernham Dean: The question of the legal status of the detainees at Guantanamo Bay under international law is complex and has to be considered in the light of the facts relating to each individual detainee.
	We believe that, whatever their status, the detainees are entitled to humane treatment, and, if prosecuted, a fair trial. The United States has told us it will treat the detainees humanely and consistently with the principles of the Geneva conventions. We have been pressing the US to move forward with the process of determining the future of the British detainees.

Guantanamo Bay: British Detainees

Lord Goodhart: asked Her Majesty's Government:
	If they are not satisfied that the continued detention of any of the British citizens detained at Guantanamo Bay is lawful, what action they are taking to obtain their release.

Baroness Symons of Vernham Dean: I refer the noble Lord to the Answer I gave him today (HL3068).
	We remain in regular contact with the United States, at both ministerial and official level, about the situation of the detainees. We have been pressing the US to move forward with the process of determining the future of the British detainees. We shall continue to do so.

British Citizens in Prison in EU

Lord Lamont of Lerwick: asked Her Majesty's Government:
	Whether they will publish a table showing the total number of British citizens in prison in each country in the European Union; and how many, if any, in each country have been held in custody for longer than three months (a) without being given bail and (b) without being charged.

Baroness Symons of Vernham Dean: As of 31 March 2003, we were aware of 815 Briitsh citizens detained in the European Union, 275 of whom had been detained for longer than 3 months without being given bail. We are unaware of any British prisoners being held in the EU for longer than three months without being charged.
	The statistics represent only those prisoners who have asked the local authorities to inform the British consulate of their arrest and sentence.
	The table below gives a breakdown of the numbers detained in each EU country.
	
		Prisoners EU Countries
		
			  
			 Country Number of prisoners as of 31/3/03 Held over 3 months without being given bail (a) Held over 3 months without being charged (b) 
			 Austria 11 6 0 
			 Belgium 22 12 0 
			 Denmark 13 2 0 
			 Finland 4 0 0 
			 France 189 56 0 
			 Germany 117 13 0 
			 Greece 13 7 0 
			 Ireland 97 6 0 
			 Italy 17 0 0 
			 Luxembourg 3 0 0 
			 Netherlands 44 0 0 
			 Portugal 15 0 0 
			 Spain 250 173 0 
			 Sweden 20 0 0 
			 Total 815 275 0